Hunt v Marellen Pty Ltd [2024] NSWSC 974

Supreme Court New South Wales

Medium Neutral Citation: Hunt v Marellen Pty Ltd [2024] NSWSC 974 Hearing dates: 7 August 2024 Decision date: 08 August 2024 Jurisdiction: Common Law Before: Ierace J Decision: Settlement approved Catchwords: CIVIL PROCEDURE – approval of settlement in relation to persons under legal incapacity – settlement approved Legislation Cited: Civil Procedure Act 2005 (NSW) ss 75, 76, 77 Cases Cited: Permanent Trustee Co Ltd v Mills (2007) 71 NSWLR 1; [2007] NSWSC 336 Category: Principal judgment Parties: Joseph Hunt bht Kristie McMahon (Plaintiff) Summer Sarah Jay Hunt bht Kristie McMahon (Plaintiff) Marellan Pty Ltd (Defendant) Representation: Counsel: A Joseph (Plaintiffs) M Tavener (Sol) (Defendant)

Solicitors: Lindeman Lawyers (Plaintiffs) Thynne Macartney (Defendant) File Number(s): 2019/359548; 2019/359584

JUDGMENT 1. This is an application for approval of proposed settlements of claims for damages commenced on behalf of Joseph Hunt (Joseph) and his sister Summer Hunt (Summer), by their half-sibling as their tutor, Kristie McMahon, against Marellen Pty Ltd (the defendant) who, it is alleged, was responsible for the death of their father, Douglas Hunt. 2. The applications are made pursuant to ss 75 and 76 of the Civil Procedure Act 2005 (NSW) (the Act). Section 76 provides that, in a case of proceedings commenced on behalf of a person under legal incapacity, an agreement for a compromise or settlement cannot be made, unless it is approved by the Court. The plaintiffs' incapacity arises by virtue of their ages; Joseph is aged 13 and Summer is aged 17.